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Res 2018-23 Dahl Settlement AgreementRESOLUTION NO. 2018 - 23 RESOLUTION APPROVING SETTLEMENT AGREEMENT RELATED TO THE DEFERRED ASSESSMENT PLACED ON PARCEL ID. NO. 12-30-24-21-0002, UNDER THE 1986-1 STREET IMPROVEMENT PROJECT AND HEREBY AMENDING RESOLUTION NO. 2017 - 41 WHEREAS, Wayne Earl Dahl (the "Landowner"), until very recently, owned the real and improved property located at 7699 Viron Rd NE in Fridley (the "Property"); and WHEREAS, there exists a disputed deferred assessment against the Property pursuant to the 1986-1 Street Improvement Project; and WHEREAS, the disputed deferred assessment presented impediments to the sale, closing, and improvement of the Property; and WHEREAS, to permit transfer of title and closing on the Property, as well as subsequent improvement of the Property while preserving the City's rights with respect to obtaining payment of the deferred assessment, the City and the Landowner executed an Escrow Agreement and proceeded with a District Court lawsuit related to the disputed deferred assessment against the Property; and WHEREAS, prior to the commencement of mediation as ordered by the District Court, the City and the Landowner engaged in a series of settlement negotiations which resulted in the attached proposed Settlement Agreement since the anticipated litigation costs were significant when compared to the disputed deferred assessment amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THAT 1. The attached Settlement Agreement is hereby approved, and the Mayor and City Clerk are hereby authorized to execute the attached Settlement Agreement. 2. The City Attorney is hereby authorized to process the settlement pursuant to the terms of the attached Settlement Agreement and to file for the dismissal of the District Court lawsuit. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF MAY, 2018. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK SETTLEMENT AGREEMENT Parties: Wayne Earl Dahl, a single person City of Fridley, a municipal corporation Case: In re the Matter of Wayne Earl Dahl, Appellant, and the City ofFridley, a municipal corporation, Respondent Court: Anoka County District Court, 10th Judicial District File No.: 02 -CV -17-4832 Settlement terms: I, The parties hereto agree that the funds currently held in escrow by All American Commercial Title, Inc. pursuant to an Escrow Agreement encumbering $66,120.89 from the sale of property legally described in Exhibit A, attached hereto and made a part hereof, will be disbursed as follows: A. $7,500.00 shall be disbursed to the City of Fridley with a check made payable to the City of Fridley and said check shall be mailed to Jay P. Karlovich, Fridley City Attorney, 633 South Concord Street, Suite 400, South St. Paul, NIN 55075; B. The balance of the $66,120.89 escrow amount (less said $7,500.00) together with any accrued interest and less any escrow fees shall be disbursed to the Wayne Earl Dahl with a check made payable to Wayne Earl Dahl. All American Commercial Title, Inc. shall notify Wayne Earl Dahl by telephone at (612) 790 — 0911 when the check is ready to, be picked up; 2. All American Commercial Title, Inc.'s duties as the escrow agent pursuant to said Escrow Agreement will cease following the disbursement of the escrow funds as stated above; 3. The City of Fridley accepts said $7,500.00 as full and final payment for the special assessment of the property legally described in Exhibit A and due in the above -titled case; 4. The above -titled case will be dismissed according to the Settlement Stipulation, Order, and Judgment pleading attached hereto as Exhibit B, and made a part hereof, which will be electronically filed with the District Court by and through legal counsel for the parties hereto following disbursement of the funds held in escrow by All American Commercial Title, Inc. pursuant to Paragraph I above. 5. No attorney's fees or costs will, be assessed to either party. 6. This document reflects the whole agreement between the parties in the above -titled case. APPELLANT Wayne Earl Dahl By: Wayne E,�hl- Dated : RESPONDENT City of Fridley By: OFI, Scott fund, Mayor Dated: Attest: By: Debra Skogen, Cit,,,"derk Dated: The North 233 feet of the West 230 feet of the Northeast Quarter of the Northwest (quarter and that part of the North 233 feet of the Northwest (quarter of the Northwest Quarter lying Easterly of said Highway No. 65 as the same is now laid out and constructed all in Section 12, Township 30, Range 24, Anoka County, Minnesota, and subject to the rights of the public over the North 33 feet and over the West 30 feet thereof for highway and driveway purposes, according to the reap or plat thereof on file with the County Recorder of Anoka County, Minnesota EXHIBIT B SETTLEMENT S11PUL4,n$JLT, A,ITDU STATE OF MINNESOTA COUNTY OF ANOKA Wayne Earl Dahl Appellant, V. City of Fridley, a municipal corporation Respondent, DISTRICT COURT TENTH JUDICIAL DISTRICT COURT FILE NO, 02 -CV -17-4832 SETTLEMENT STIPULATION ORDER AND JUDGMENT Case Type: Special Assessment Appeal WHEREAS, Appellant and Respondent have resolve this special assessment dispute pursuant to a separate agreement. WHEREAS, Appellant and Respondent desire the above -entitled action shall be dismissed with prejudice and without an award of any litigation costs, expenses and/or attorneys' fees to any party. I. That Appellant and Respondent agree the above -entitled action shall be dismissed with prejudice and without an award of any litigation costs, expenses and/or attorneys' fees to any party. 2. That it is further agreed that Respondent shall cause judgment of dismissal with prejudice and on the merits to be entered herein. ATTORNEYS FOR APPELLANT LAW OFFICE, S OF RACHEL K. NELSON, PLLC By: Rachel K. Nelson, Lie. No, 0391333 Law Offices of Rachel K. Nelson, PLLC P.O. Box 120670 St. Paul, MN 55112 Telephone: (763) 234-0447 ATTORNEYS FOR RESPONDENT I II -XV [1 0111 N -i I : , � : , � ", I By: Darcy M. Erickson, Lic. No. 29598X David S. Kendall, Lie. No. 247650 Jay P. Karlovich, Lie, No. 247650 LeVander Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 Telephone: (651) 451-1831 Pursuant to the foregoing Stipulation, the above -entitled action is hereby dismissed with prejudice and without an award of any litigation costs, expenses and/or attorneys' fees to any party. LET JUDGEMENT BE ENTERED ACCORDINGLY. Dated: 2018, BY THE COURT: Judge of District Court llv� �01 I hereby certify that the above Order constitutes a judgment of the Court. Dated: 2018. COURT ADMINISTRATOR: an Its: